Commonwealth Consolidated Regulations

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REGULATIONS 1995 - REG 212

  (1)   A person who uses methyl bromide for a non - QPS use during a year contravenes this subregulation if the person is not:

  (a)   a non - QPS permit holder for the year; or

  (b)   acting on behalf of a non - QPS permit holder for the year.

  (2)   A non - QPS permit holder for a year contravenes this subregulation if, during the year:

  (a)   the amount of methyl bromide that the permit holder uses, or that is used on the permit holder's behalf, for non - QPS uses is more than the permit holder's allocated amount for the year; or

  (b)   the permit holder, or another person on the permit holder's behalf, otherwise contravenes a condition of the permit.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subregulation   (1) or (2).

Penalty:   50 penalty units.

Civil penalty provision

  (4)   A person is liable to a civil penalty if the person contravenes subregulation (1) or (2).

Civil penalty:   60 penalty units.